Club Rules
Constitution of Mossley Running Club
Club Finances and Property
A bank account shall be opened and maintained in the name of the Club Designated account signatories shall be the Treasurer and one other nominated committee member. No sum shall be expended from the Club Account except by cheque signed by two of the designated signatories or by electronic transfer approved by at least one of the designated signatories subject to a maximum amount fixed by the Committee. All monies payable to the Club shall be received by the Treasurer and deposited in the Club Account as soon as is reasonably practicable. The Club Account shall be managed in accordance with any finance policy drawn up by the Committee and/or in accordance with the reasonable instructions of the Committee (acting collectively) from time to time.
The Club’s financial year shall end on 31st March each year or such other date as the Committee may determine from time to time provided that no financial year shall be shortened to less than nine months or extended to more than fifteen months.
The income and property of the Club shall be applied solely towards promoting the objects of the Club as set forth in the Rules and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to any Member of the Club notwithstanding that payment in good faith of reasonable remuneration and expenses otherwise consistent with these Rules may be made in pursuance of the said objects.
General Meetings
The Committee shall call an Annual General Meeting (AGM) each year and no more than fifteen months shall pass between one AGM and the next following one. The business of an AGM shall include:
The receipt of a report of the activities of the Club over the previous year.
The receipt of a report of the Club’s finances over the previous year.
The election and retirement of Officers; and
Any other business.
All General Meetings other than the AGM shall be called Extraordinary General Meetings (EGMs).
An EGM may be called at any time by the Committee at that time and shall also be called within fourteen days of the receipt by the Secretary of a requisition in Writing, signed by not less than 10% of members. Members stating the purposes for which the EGM is required and the resolutions proposed. Business at an EGM may be any business that may be transacted at an AGM.
Notice of General Meetings
An AGM or EGM shall be called on at least 14 days before the meeting. The notice shall specify the date, time and place of the meeting and the general nature of the business to be transacted and, in the case of an AGM, shall specify the meeting as such.
The Secretary shall send to each Member via the club Facebook page / email notice of the date of a General Meeting (whether an AGM or an EGM) together with the resolutions to be proposed.
The accidental omission to give notice of a General Meeting to or the non-receipt of notice of a General Meeting by any person entitled to receive notice shall not invalidate the proceedings at that meeting
Proceedings at General Meetings
No business shall be transacted at any General Meeting unless a quorum is present. The quorum for an AGM or EGM shall be the greater of 25% of the total number of Members.
If a quorum is not present within half an hour from the time appointed for the meeting or if during a meeting a quorum ceases to be present, the meeting shall stand adjourned to the same day in the next week at the same time and place as the Committee may determine.
If the number of Members present at the adjourned meeting in insufficient to constitute a quorum in accordance with the rule above, the Members present shall constitute a quorum.
The Chair, or in his or her absence any other Officer, shall preside as the chair of the meeting. Each Member present shall have one vote but in the event of an equality of votes the chair of the meeting shall have a casting vote.
The Secretary, or in his or her absence any other Officer, shall enter the minutes into the Club’s minute book.
The Committee may make whatever arrangements they consider appropriate and viable to enable Members attending a General Meeting to exercise their rights to speak or vote whether attending directly or by telephone communication or by video conference, an internet video facility or similar electronic method allowing visual and/or audio participation.
Members shall receive from the Committee a report, balance sheet and statement of accounts for the preceding financial year.
At all general meetings every Member shall have one vote unless disqualified from voting by these Rules or any Byelaw not inconsistent with the Rules. Votes shall be given personally and not by proxy.
Every Resolution submitted to a meeting shall be decided by a show of hands and in the case of an equality of votes, on a matter on which the Chair has not voted, the chairman of the meeting shall have a casting vote.
If the number of candidates for the any Committee is only one, that candidate shall be declared elected. If the number of candidates is more than one, every eligible Member may vote for each office with the first candidate to reach a majority elected.
Resolutions proposed for consideration by a general meeting shall be submitted in writing to the Secretary at least two weeks before the date of the meeting.
Amendments may be proposed at any time during debate although the chairman shall have the right to require these to be put in writing together with the name of the proposer. During the course of debate the proposer of a Resolution may accept an Amendment to the Resolution, in which case the amended Resolution shall become the Resolution under debate. The proposer of a Resolution may not propose an Amendment to his/her own Resolution.
The minutes of the Annual General Meeting shall be published within two weeks on the Club Facebook pager and Website if available.
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Powers of the Committee
The Committee shall be responsible for the management of all the affairs of the Club and may exercise all the powers of the Club.
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No alteration of these Rules and no such direction by the Members shall invalidate any prior act of the Committee which would have been valid if that alteration had not been made or that direction had not been given.
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The Committee shall have the power to decide all questions and disputes arising in respect of any issue concerning the Rules.
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The Committee may, while retaining responsibility delegate to any person, company or sub-committee any of its powers or functions, the implementation of any of its decisions or the day-to-day management of the affairs of the Club by such means, to such an extent, in relation to such matters or areas and on such terms as they may determine in accordance with these Rules.
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Subject to these Rules and the general law, the Committee shall so exercise its rights, powers and duties and shall where appropriate use its best endeavours to ensure that others conduct themselves so that the business and affairs of the Club are carried out in furtherance of the Objects and in accordance with the rules and regulations of England Athletics and UKA for the time being in force.
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The Committee
The Committee shall consist of a minimum of five Officers including the following:
Club Chairperson, Club Treasurer; Club Secretary, Membership Secretary and Welfare Officer
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Any other Officers elected at a General Meeting.
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Officers shall be elected by the Members at an AGM. Nominations for election of Members as Officers shall be made by the Committee; or at the AGM by the proposer and seconder, both of whom must be existing Full Members.
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Furthermore, in order to qualify under the above rule, an applicant must have served six months full membership with the Club by 31st March in the calendar year prior to the AGM.
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Each Officer shall hold office from the date of election until the conclusion of the next AGM. A retiring Officer may be re-elected at the AGM.
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Any vacancy on the Committee which arises between one AGM and the next may be filled by a Member proposed by any other member and voted for by all members of the club.
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An Officer may not appoint an alternate or substitute to act on his or her behalf at any Committee meeting.
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At least three members of the clubs committee should be unrelated or not co habiting.
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Calling a Committee Meeting
The Committee shall hold not less than four meetings each year.
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A meeting of the Committee shall be called on not less 10 days’ notice to all Officers unless the Chair determines that urgent circumstances necessitate shorter notice.
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Notice of a Committee meeting shall be given to each Officer save that it shall not be necessary to give notice of a meeting to an Officer who is absent from the United Kingdom.
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Proceedings of a Committee Meeting
Subject to the provisions of these Rules, the Committee may regulate its proceedings as it thinks fit.
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Meetings of the Committee shall be chaired by the Chair or in their absence the another member of the Committee. The chair of the meeting shall have a casting vote in the event of a tie.
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The quorum for the transaction of business of the Committee shall be the greater of three Officers.
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Decisions of the Committee shall be made by a simple majority of those Officers attending the Committee meeting.
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Decisions of the Committee of meetings shall be entered into the Club’s minute book.
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A resolution in Writing signed by all the Officers (or members of a sub-committee) entitled to vote on the matter shall be as valid and effective as if it had been passed at a meeting of Officers or (as the case may be) a sub-committee duly convened and held. Such a resolution may consist of several documents in the same form each signed by one or more of the Officers (or members of the sub-committee).
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Conflicts of Interest
Each Officer shall declare the nature and extent of any direct or indirect interest in a transaction or arrangement with the Club or a third party which conflicts or may possibly conflict with his or her duties to the Club.
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If the non-conflicted Officers deem there to be a material conflict, the conflicted Officer should withdraw from that part of the meeting and shall not vote.
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If there is deemed not to be a material conflict by the non-conflicted Officers, the Officer that declared the conflict shall be allowed to re-join the meeting, take part and vote as applicable.
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Disqualification from Office
A person shall cease to hold office as an Officer if:
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He or she is disqualified from holding office as a company director.
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He or she is subject to a decision of England Athletics or UKA that such person be suspended or disqualified from holding office or from taking part in any activity relating to the administration or management of a club.
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The Committee reasonably believes that he or she has become incapable by reason of illness or injury of managing and administering his or her own affairs and it decides to remove him or her from office.
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He or she resigns from his or her office by notice to the Club.
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He or she is absent without the permission of the Committee from all its meetings held within a period of six months without good reason and the Committee decide that his or her office be vacated.
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A bankruptcy order or an order is made against him or her in individual insolvency proceedings in a jurisdiction other than England and Wales which has an effect similar to that of bankruptcy;
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He or she makes a composition with his or her creditors generally in satisfaction of his or her debts;.
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he or she is removed from office by the Committee on the grounds that he is in material or persistent breach of the Club’s code of conduct as amended from time to time. A decision to remove an Officer from office under this rule may only be passed if:
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The Officer has been given at least fourteen days’ notice in Writing of the Committee meeting at which the decision will be made and the reasons why it is to be proposed; and the Officer or, at the option of the Officer, the Officer’s representative (who need not be an Officer) has been allowed to make representations to the meeting.
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He or she ceases to be a Member for any reason whatsoever.
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The provisions of the rule above shall also apply to sub-committees and any member of a sub-committee who is not an Officer.
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Irregularities
The proceedings at any meeting or on the taking of any poll or the passing of a written resolution or the making of any decision shall not be invalidated by reason of any accidental informality or irregularity (including any accidental omission to give or any non-receipt of notice) or any want of qualification in any of the persons present or voting or by reason of any business being considered which is not specified in the notice.
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Minutes
The Committee shall cause minutes to be made in books kept for the purpose:
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of all appointments of Officers made by the Members or the Committee;
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of all resolutions of the Members and of the Committee (including decisions of the Committee made outside a meeting); and
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of all proceedings and reports of meetings of the Club and of the Committee, and of sub-committees, including the names of those present at each such meeting.
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Communications by the Club
Subject to these Rules, any document or information (including any notice, report or accounts) sent or supplied by the Club under these Rules may be sent or supplied in hard copy form, in electronic form, or by making it available on a website or internet forum.
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Personal Risk
Members and guests acknowledge and accept that playing or participating in sport of any kind can be dangerous and may result in injury and damage to property. Members and guests shall take personal responsibility for their own actions and participate in the Club’s sporting activities at their own risk.
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The liability of the Club and its Officers to any Member is limited to the net assets of the Club.
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Nothing in these Rules shall limit or exclude liability for death or personal injury caused by negligence, for any loss or damage caused by criminal or fraudulent conduct, or for any other liability which cannot lawfully be limited or excluded.
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Indemnity
Without prejudice to any other indemnity to which an Officer may otherwise be entitled, every Officer of the Club shall be indemnified out of the assets of the Club against any liability incurred by him or her in the proper discharge of his or her duties to the fullest extent permitted by law.
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Bye Laws
The Committee may from time to time make such bye laws as they may deem necessary or expedient or convenient for the proper conduct and management of the Club and for the purposes of prescribing classes of and conditions of membership and in particular the Committee may by such bye laws regulate:
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The creation of regulations, standing orders and bye laws for the better administration of the Club and to govern the functioning of sub-committees to assist the Committee in the better administration of the Club.
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The adoption or alteration of such other regulations or policies as the Committee thinks fit.
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The conduct of Members in relation to one another and to the Club’s Officers, staff, volunteers or beneficiaries including disciplinary procedures.
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The appointment of proxies, the form and content of proxy notices, the delivery of proxy notices to the Club and the revocation of such appointments.
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Any procedures to assist the resolution of disputes within the Club.
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Generally, all such matters as are commonly the subject matter of club rules.
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Provided that nothing in such bye laws shall prejudice the Club’s affiliation to England Athletics.
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The Club in General Meeting shall have power to alter, add to or repeal the bye laws and the Committee shall adopt such means as they think sufficient to bring to the notice of the Members all such bye laws.
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Complaints and Disputes
All concerns, allegations or reports of malpractice or abuse relating to the welfare of children or vulnerable adults will be recorded and responded to swiftly and appropriately in accordance with the Club’s and UKA’s/EA’s safeguarding policy and procedures. The Welfare Officer shall be the lead Officer for all Members in the event of any safeguarding concerns.
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Any complaints of misconduct (improper or unprofessional conduct) regarding the behaviour of Members or Officers shall be dealt with by the Club in accordance with it’s discipline and appeals process and must be presented in writing to the Secretary (and where the matter relates to the Secretary, the complaint must be submitted to the Welfare Officer). Unless exceptional circumstances apply, the Secretary will hear complaints within fourteen days of receiving a complaint. If the complaint is sufficiently evidenced, the Secretary will appoint 3 (three) Club Members (who have no direct or indirect interest/involvement in the matter) to sit on a disciplinary panel. Subject to the rule below, a decision of the disciplinary panel shall be final and conclusive.
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Any appeals must be received by the Secretary within 7 (seven) days of receiving the written decision and, if appropriate, the appeals process will be followed.
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Any complaints of serious misconduct (including, without limitation, theft, doping violations, fraud, physical violence, safeguarding policy breaches, serious breach of applicable health and safety, gambling and/or ticketing regulations or any act or omission of the Member or Officer which in the opinion of EA, acting reasonably, brings or is likely to bring the sport of athletics into disrepute) regarding the behaviour of Members or Officers shall be reported and dealt with by EA in accordance with its Disciplinary Procedures.
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If a dispute arises between any Members or Officers of the Club about the validity or propriety of anything done by any Member or Officer under these Rules and the dispute cannot be resolved by agreement, the parties to the dispute must first try in good faith to settle the dispute by mediation before resorting to litigation.
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Alteration of the Constitution & Rules
No alterations or amendments shall be made to or in the provisions of this Constitution and the Club Rules except by resolution at a General Meeting in accordance with these Rules and shall be carried by the majority of at least three quarters of the Members present.
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Dissolution
A resolution to dissolve the Club may only be proposed at a General Meeting and shall be carried by the majority of at least three-quarters of the Members present.
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The dissolution shall take effect from the date of the resolution and the Committee shall be responsible the winding up of the assets and liabilities of the Club.
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Any surplus assets remaining after the discharge of the debts and liabilities of the Club shall be dividing equally between fully paid up members.
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Declaration
The Club duly adopted this Constitution as its governing document on 16th November 2022.
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Signed LB
Chair: Louis Brierley
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Signed LZ
Secretary: Linda Zrada
